


Only the Facts

by prettybirdy979



Category: Captain America (Movies), Daredevil (TV), Marvel Cinematic Universe
Genre: Courtroom Drama, Crossover, Gen
Language: English
Status: Completed
Published: 2015-06-06
Updated: 2015-06-06
Packaged: 2018-04-03 03:53:53
Rating: Teen And Up Audiences
Warnings: No Archive Warnings Apply
Chapters: 1
Words: 1,833
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/4085665
Author URL: https://archiveofourown.org/users/prettybirdy979/pseuds/prettybirdy979
Summary: <blockquote class="userstuff">
              <p><i>'It's not just an impossible case, it's</i> the <i>impossible case.</i></p><p>Scenes from the time Captain Rogers engaged Nelson and Murdock to defend Bucky Barnes.</p>
            </blockquote>





	Only the Facts

**Author's Note:**

> A fill first posted [here](https://daredevilkink.dreamwidth.org/725.html?thread=181461#cmt181461). I'm looking to move a few more of these over in the next few days (I've like a dozen fills on the kinkmeme so there's a bit to look over...)
> 
> Thanks so much to Interrosand for looking this over!

Karen's heart rate jumps as the person entering their office opens the door and Matt finds himself rising, trying not to fall into a defensive crouch. He fails but then finds himself straightening up when he hears Foggy's delighted, not terrified, gasp.

'Holy cow you-'

'Steve Rogers.' The man interrupts and Matt takes this as his cue to enter.

Foggy bounces to his side. 'Matt, this is umm, _Steve Rogers_. Captain Rogers sir, this is my partner, my business partner, Matt Murdock.'

Matt holds out his hand, succeeding in hiding his reaction to Captain America being in his office. Unlike Foggy, he'd never worshiped the man and a part of him is holding a grudge for the 'incident'. 'Pleased to meet you.'

'Wish I could say the same.' Rogers sighs and takes the hand. 'But I'm only here because I've nowhere else to go.' There's a shift of air as he shrugs. 'I'm getting a bit desperate.'

The mood in the room changes instantly. 'You need a lawyer?'

'A friend of mine does. But no one will take his case.' Rogers shuffles a bit but his heartbeat is steady. He's not lying.

'What's the case?' Matt asks.

************

'It's an impossible case,' Foggy says a half hour later in Matt's office. Steve is still in Foggy's office with Karen and Matt can hear them from here. He's pretty sure Steve can hear them too.

The fact he's become Steve in the last half hour has not escaped Matt's notice.

'I know.'

'It's not just an impossible case, it's _the_ impossible case. Ninety odd year old, prisoner of war who happens to be a mass murderer. Matt, this is an impossible case.'

Matt takes his glasses off, so Foggy can meet his eyes. 'We're going to take it, right?'

'Are you kidding me, of course we are.' Foggy sounds outraged at the thought they might not. 'He was a _prisoner of war_ for seventy years; the fact this is even going to trial is a monstrosity.'

'We're going to need evidence. We're going to need experts. We’re going to need witnesses.'

'We're going to need to talk to our client,' Foggy finishes. 'Okay. Client first, then evidence.'

Matt nods. 'Steve?' He doesn't bother raising his voice and a moment later his suspicions are confirmed when his door opens. Foggy's heartbeat races when he realises Steve could hear their entire conversation.

'How did you know? That's not usually something the history books mention.'

'Lucky guess.' Matt smiles. 'Where's Sergeant Barnes now?'

************

'Did Steve dig you up from the bottom of the barrel or did ya lose a coin toss?' James 'Bucky' Barnes says as Matt and Foggy are led into an interrogation room by Steve. Matt has to hide a grimace at the sound of handcuffs when Barnes shifts, especially as Steve has informed him Barnes currently only has the one arm.

'Bottom of the barrel I'm afraid.' Matt smiles as he sits. 'But I hope I can say it's the bottom of the best barrel. We're happy to help.'

A silence then, 'He's giving you the best look right now,' Foggy narrates.

'So those aren't for show?'

Matt shrugs. 'No, they're not.' Foggy takes the seat beside him and Steve settles into a corner. 'I'm Matt Murdock and this is my associate Foggy Nelson-'

'Foggy?'

Foggy straightens up. 'You're _Bucky_ , like Foggy is that weird.'

Barnes hums an affirmative. 'Fair enough. I'm... I'm Bucky.'

Matt nods. 'Mr Barn-'

'No. I. Am. Bucky.' There's something like fear in his voice, as if his name might slip away if it's not used correctly. Perhaps he's not wrong. Matt, not for the first time, wishes he could meet Hydra as Daredevil.

'Of course. Now, we're going to have to hear your side of this. Please.'

'I don't remember a lot of it.'

Matt wants to punch someone. It's beginning to become an issue. 'Just tell us what you can.'

As Bucky speaks, Matt realises it's going to take a lot more than just punching one person to make this anger go away.

************

Foggy's voice breaks on the third page and Matt can taste the salt from his tears. It's mingling with the taste and feel of his own but they can't stop now. There's no time to get a braille copy of this file printed and Matt needs to know what it says. He'd be flying blind without it.

No pun intended. Matt hasn't been in the mood for puns since Steve walked into their office.

'Matt-'

'I know. I'm so sorry. I-'

Foggy shakes his head. 'I just shook my head. Oh wait, you knew. No, it's not about this. Matt, we have to make sure this is in evidence. No one could convict based on this.'

Matt nods. 'Ask Steve in the morning if it was gotten legitimately. I'll get Karen to search through the S.H.I.E.L.D dump for more files in the morning.'

'I'll do it tonight.' Foggy sighs. 'I don't think I'll be sleeping.'

'I won't be either.' Matt admits and he hears Foggy nod. 'Come to my place then. We can go through the files together.'

There's a long pause. 'Sorry, I'm glaring at you right now. You're going to go out, aren't you?'

'No.' Matt shakes his head. 'I can't. I... The mood I'm in right now Foggy, I'd kill someone if I went out.'

Foggy reaches his hand over the desk and grabs Matt's hand. 'At least you're honest pal.'

************

'James Buchanan Barnes is not a murderer. James Buchanan Barnes is not a traitor. James Buchanan Barnes is not a monster.' Foggy paces before the jury and Matt can hear their hearts skipping a beat as Foggy speaks. They're all clearly aware of the importance of this trial and anxious at the thought of being here.

'Instead, he is Bucky Barnes. A friend, a Sergeant and a prisoner of war finally returned to the ones he was taken from over seventy years ago. Bucky Barnes is a victim of circumstance, a mistreated and devastated man, trying to regain the sense of self that was stolen from him.' Foggy pauses and makes a gesture, most likely at Bucky. 'The defense intends to prove that the man sitting there did not commit the crimes he is accused of. Instead, we intend to show you that the man sitting there is as much a victim of these crimes as those lying dead. We are going to show you the facts of his torture and conditioning and prove, beyond a reasonable doubt, that Bucky Barnes is not the same man as the Winter Soldier.'

The jury is hanging onto Foggy's every word. It's not a 'not-guilty' plea, but it's a start.

************

Matt shows the only video of Bucky's torture they could recover. He's told it’s grainy, but still recognisable.

Two jurors start to cry in the first two minutes. Matt has to swallow hard to avoid throwing up again at Bucky's nearly inaudible (to _Matt_ ) whimpering noises.

A third juror sheds a tear. Another one looks away.

************

The prosecution tries to accuse Bucky of being a Hydra agent during World War Two.

The judge nearly throws Steve out, he's cursing that much.

Foggy has no problems dismantling that line of questioning.

************

'Ladies and gentlemen of the jury,' Matt starts before pausing. He holds it for a long moment, until most of the jury is shifting in their seats, before continuing, 'I wonder if you could tell me what the difference between right and wrong is?'

There's a long, awkward silence. Matt smiles. 'I know, it seems a pointless question but I have to ask. Is it right to kill a man? Of course not. Unless it's to defend your life. Or your property. Then it is legally right to kill a man. Does this mean that killing can be morally right? Bucky Barnes was a soldier. He killed for his country. Is that right? I know some who would argue it isn't. But in the eyes of the law, it is legal.'

Matt closes his eyes, aware no one else can tell behind his glasses. 'This case does not need you to decide if it was right for the Winter Soldier to kill. We're not asking you to judge if the actions performed by the Winter Soldier were legally or morally right. Because they weren't. That _fact_ is not in dispute. What _is_ in dispute, what you need to decide now, is if Bucky Barnes is the Winter Soldier. You must decide if he is the monster who killed hundreds and injured thousands or if he is a prisoner of war, finally free and trying desperately to return home.

‘You must make a judgement. Was he aware in any kind of way, after months and years of torture and conditioning, of his actions? Was he capable, in any sense, of refusing an order?'

'Because we have proven, beyond a reasonable doubt, that he was _not_. We have shown that Bucky Barnes was not capable of so much as deciding what weapons to take on an operation yet alone if he wanted to follow an order.'

The jury is hooked on his words, Matt can tell. Every single heart is beating faster, in response to the pressure of what they have to do. 'Ladies and gentlemen, I ask you now to find my client not guilty because it is the right thing to do. The legally and morally right thing. Bucky Barnes is not the Winter Soldier. He is a prisoner of war and I beg you, please, let us finally bring him home.'

************

'Well they're not hung.' Matt whispers as the jury comes back in. He feels Bucky shift beside him.

'How can you tell?'

Foggy huffs a laugh. 'He's Matt Murdock. He can tell.'

The judge hands the verdict back to the forewoman. 'On the first count of the indictment, treason, how do you find the defendant?'

The woman stands, her heartbeat steady and her hands shaking. 'We find the defendant-'

*************

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

'NOT GUILTY!' Foggy roars and everyone in Josie’s roars in delight for the fourth time that night. Every time the verdict has come up on the T.V. screen, Foggy has screamed it out again followed quickly by-

'A round for everyone, on me!' Steve cries, holding up his glass to toast Bucky's. Matt hears the clink and has to smile at the delight in Steve's voice.

Karen starts to laugh. 'Oh man, I don't think I can take another. How are you still upright?'

'Super soldier. Can't get 'em drunk.' Bucky sounds disappointed and Matt nudges him with an elbow.

'Have you ever tried?'

Bucky throws his right arm over Matt, who can hear the clench of his newly returned left arm. 'Nope. But thanks to you guys, I think I might finally get the chance.'

'We were happy to help.' Matt pats the hand on his shoulder. 'It was the right thing to d-'

'NOT GUILTY.'

'Foggy!'


End file.
